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Madras High CourtWP(MD)/14349/2024disposed of

Mahalakshmi. I v. The District Collector / Monitoring Committee

2025-03-12Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.03.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.14349 of 2024 I.Mahalakshmi ... Petitioner -Vs1.The District Collector / Monitoring Committee, Trichy District, Trichy.

2.The Revenue Divisional Officer, Srirangam, Vannankovil, Trichy.

3.The Corporation Commissioner, Trichy Corporation, Trichy.

4.The Assistant Commissioner, Trichy Corporation Ward Committee Officer-1, Trichy.

5.The Tahsildar, Thiruvanaikovil, Srirangam Taluk, Trichy District.

6.Akilambal ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 to remove the encroachment made by the 6th respondent by putting up the barbed fence in the pathway comprised in T.S.No.3019, situated at Maligaipuram, Periyarthottam, Bye-Pass Road, Thiruvanaikovil, Srirangam Taluk, Trichy District by considering the petitioner's representation dated 11.06.2024. For Petitioner : Ms.R.Yamuna For R1, R2 & R5 : Mrs.D.Farjana Ghoushia, Special Government Pleader For R3 & R4 : Mr.J.Sriprasad, for M/s.R.B.Law Associates For R6 : Mr.T.Lenin Kumar

ORDER

[Order of the Court was made by J.NISHA BANU, J.] It is the grievance of the petitioner that her representation dated 11.06.2024 seeking removal of the encroachment made by the 6th respondent by putting up the barbed fence in the pathway comprised in T.S.No.3019, situated at Maligaipuram, Periyarthottam, Bye-Pass Road, Thiruvanaikovil, Srirangam Taluk, Trichy District is kept pending till date without any progress. Therefore, she has filed this Writ Petition with the aforesaid prayer.

2.The learned counsel appearing for the respondents 3 and 4 would submit that the representation of the petitioner would be considered and appropriate orders would be passed on its own merits within a period that may be stipulated by this Court.

3.Considering the limited scope of the prayer sought for by the petitioner, without expressing any opinion on the merits of the claim made by the petitioner either in the representation or in the affidavit filed in support of this Writ Petition, we direct the 3rd respondent to consider the representation of the petitioner dated 11.06.2024, after giving sufficient opportunity of hearing to the petitioner and the 6th respondent and pass appropriate orders on merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order.

4.With the above direction, this Writ Petition is disposed of. No costs. [J.N.B., J.] & [S.S.Y., J.] 12.03.2025 NCC : Yes / No Index : Yes / No Yuva Note: Registry is directed to send a copy of this order to the 6th respondent.

To 1.The District Collector / Monitoring Committee, Trichy District, Trichy.

2.The Revenue Divisional Officer, Srirangam, Vannankovil, Trichy.

3.The Corporation Commissioner, Trichy Corporation, Trichy.

4.The Assistant Commissioner, Trichy Corporation Ward Committee Officer-1, Trichy.

5.The Tahsildar, Thiruvanaikovil, Srirangam Taluk, Trichy District.

J.NISHA BANU, J.

AND S.SRIMATHY , J.

Yuva W.P.(MD)No.14349 of 2024 12.03.2025